What is qualified immunity in a police misconduct case?

Qualified immunity is a federal defense that shields officers from damages under 42 U.S.C. § 1983 unless they violated a constitutional right that was clearly established at the time (Harlow v. Fitzgerald (1982) 457 U.S. 800). It does not protect cities on Monell claims, and it does not apply to California Bane Act claims.

Qualified immunity is a judge-made federal doctrine: an officer sued for damages under 42 U.S.C. § 1983 is immune unless the plaintiff shows both a constitutional violation and that the right was clearly established — meaning existing precedent placed the specific conduct's illegality beyond debate (Harlow v. Fitzgerald (1982) 457 U.S. 800). Courts may resolve either question first, and a denial of immunity can be appealed immediately, which is why the defense appears early and adds time. Its limits matter as much as its reach: it blocks only damages, not injunctions; it is unavailable to a city or county facing a Monell policy-or-custom claim; and it belongs to individual officers, who must still stand trial when facts are genuinely disputed. California law supplies a counterweight — the Bane Act (Civil Code section 52.1) creates a state claim for rights violations by threat, intimidation, or coercion, and federal qualified immunity doctrine does not govern it, which is why the two claims are so often pleaded together.

Authority: Harlow v. Fitzgerald (1982) 457 U.S. 800